File

advertisement
European Commission
Directorate-General for Communication
Manuscript completed in July 2007
How the European Union works
Your guide to the EU institutions
The European Union (EU) is unique. It is not a federal state like the United States of America
because its member countries remain independent sovereign nations. Nor is it a purely
intergovernmental organisation like the United Nations because the member countries do pool
some of their sovereignty — and thus gain much greater collective strength and influence than
they could have acting individually.
They pool their sovereignty by taking joint decisions through shared institutions such as the
European Parliament, which is elected by the EU citizens, and the Council, which represents
national government. They decide on the basis of proposals from the European Commission,
which represent the interests of the EU as a whole. But what does each of these institutions do?
How do they work together? Who is responsible for what?
This booklet sets out the answers in clear and simple language. It also gives a brief overview of
the agencies and other bodies that are involved in the European Union’s work. The aim is to
provide you with a helpful guide to EU decision-making.
European Union
1
Contents
Introducing the European Union
The Treaties
How the EU takes decisions
The European Parliament: voice of the people
The Council of the European Union: voice of the member states
The European Commission: promoting the common interest
The Court of Justice: upholding the law
The European Court of Auditors: getting value for your money
The European Economic and Social Committee: voice of civil society
The Committee of the Regions: voice of regional and local government
The European Investment Bank: financing economic development
The European Central Bank: managing the euro
The European Ombudsman: investigating your complaints
The European Data Protection Supervisor: safeguarding your privacy
Agencies
2
Introducing the European Union
The European Union (EU) is a family of democratic European countries working together to
improve life for their citizens and to build a better world.
Family squabbles and occasional crises are what make the news headlines, but away from the
cameras the EU is actually a remarkable success story. In just over half a century it has delivered
peace and prosperity in Europe, a single European currency (the euro) and a frontier-free ‘single
market’ where goods, people, services and capital move around freely. It has become a major
trading power, and a world leader in fields such as environmental protection and development
aid. No wonder it has grown from six to 27 members and more countries want to join.
The European Union’s success owes a lot to the unusual way in which it works. Unusual because
the countries that make up the EU (its ‘member states’) remain independent sovereign nations but
they pool their sovereignty in order to gain a strength and world influence none of them could
have on their own. This stops short of being a federation like the United States, but is much more
than an organisation for cooperation between governments, like the United Nations. The EU is, in
fact, unique.
Pooling sovereignty means, in practice, that the member states delegate some of their decisionmaking powers to shared institutions they have created, so that decisions on specific matters of
joint interest can be made democratically at European level.
The three main decision-making institutions are:



the European Parliament (EP), which represents the EU’s citizens and is directly elected by
them;
the Council of the European Union, which represents the individual member states;
the European Commission, which represents the interests of the Union as a whole.
This ‘institutional triangle’ produces the policies and laws that apply throughout the EU. In
principle, it is the Commission that proposes new laws, but it is the Parliament and Council that
adopt them. The Commission and the member states then implement them, and the Commission
enforces them.
The Court of Justice is the final arbiter in disputes about European law.
The Court of Auditors checks the financing of the Union’s activities.
A number of other bodies also have key roles in making the EU work:




the European Economic and Social Committee represents economic and social players in
organised civil society such as employers and employees, trade unions and consumer
organisations;
the Committee of the Regions represents regional and local authorities;
the European Investment Bank finances investment in economic development projects within
and outside the EU, and helps small businesses via the European Investment Fund;
the European Central Bank is responsible for European monetary policy;
3


the European Ombudsman investigates complaints about maladministration by EU
institutions and bodies;
the European Data Protection Supervisor safeguards the privacy of your personal data.
In addition, specialised agencies handle certain technical, scientific or management tasks.
The powers and responsibilities of the EU institutions, and the rules and procedures they must
follow, are laid down in the Treaties on which the EU is founded. The Treaties are agreed by the
presidents and prime ministers of all the EU countries and then ratified by their parliaments.
The following chapters describe the Treaties, the EU institutions and the other bodies and
agencies, explaining what each entity does and how they interact.
4
The Treaties
The EU is founded on four Treaties:

The Treaty establishing the European Coal and Steel Community (ECSC), which was signed
on 18 April 1951 in Paris, came into force on 23 July 1952 and expired on 23 July 2002.

The Treaty establishing the European Economic Community (EEC), which was signed on 25
March 1957 in Rome and came into force on 1 January 1958. It is often referred to as ‘the
Treaty of Rome’.

The Treaty establishing the European Atomic Energy Community (Euratom), which was
signed in Rome along with the EEC Treaty.

The Treaty on European Union (EU), which was signed in Maastricht on 7 February 1992,
and came into force on 1 November 1993. It is often referred to as ‘the Maastricht Treaty’.
The ECSC, EEC and Euratom Treaties created the three ‘European Communities’, i.e. the system
of joint decision-making on coal, steel, nuclear power and other major sectors of the member
states’ economies. The common institutions set up to manage this system were merged in 1967,
resulting in a single Commission and a single Council of Ministers.
The EEC, in addition to its economic role, gradually took on a wide range of responsibilities
including social, environmental and regional policies. Since it was no longer a purely economic
community, the fourth Treaty (Maastricht) renamed it simply ‘the European Community’ (EC).
As the ECSC Treaty approached expiry in 2002, responsibilities for coal and steel were
progressively merged into other Treaties.
At Maastricht, the member state governments also agreed to work together on foreign and
security policy, and in the area of ‘justice and home affairs’. By adding this intergovernmental
cooperation to the existing Community system, the Maastricht Treaty created a new structure
with three ‘pillars’ which is political as well as economic. This is the European Union (EU).
The European Union is founded on its Treaties. Its three ‘pillars’ represent different policy areas
with different decision-making systems.
5
The Treaties are the basis for everything the EU does. They have been amended each time new
member states have joined. From time to time the Treaties have also been amended to reform the
European Union’s institutions and to give it new areas of responsibility. This is always done by a
special conference of the EU’s national governments (an ‘intergovernmental conference’ or IGC).
Key intergovernmental conferences resulted in:

The Single European Act (SEA), which was signed in February 1986 and came into force on
1 July 1987. It amended the EEC Treaty and paved the way for completing the single market;

The Treaty of Amsterdam, which was signed on 2 October 1997 and came into force on 1
May 1999. It extended the pooled sovereignty to more areas involving more citizens’ rights,
and closer interaction on social and employment policies;

The Treaty of Nice, which was signed on 26 February 2001 and came into force on 1
February 2003. It further amended the other Treaties, streamlining the EU’s decision-making
system so it could continue to work effectively even after further enlargements;

The draft Constitutional Treaty, which was agreed and signed in October 2004, but has not
come into force, because it was not ratified by all EU countries.

The Lisbon Treaty, which was agreed in 2007, but will not come into force until it has been
ratified by all member states. It will make the EU more democratic and transparent, introduce
simplified working methods and voting rules, ensure our fundamental rights through a
charter, and allow the EU to speak with one voice on global issues.
6
How the EU takes decisions
Decision-making at European Union level involves various EU institutions, in particular:



the European Parliament (EP/Parliament),
the Council of the European Union, and
the European Commission.
In general, it is the European Commission that proposes new legislation, but it is the Council and
Parliament that pass the laws. In some cases, the Council can act alone. Other institutions also
have roles to play.
The main forms of EU law are directives and regulations. Directives establish a common aim for
all member states, but leave it to national authorities to decide on the form and method of
achieving it. Normally, member states are given one-to-two years to implement a directive.
Regulations are directly applicable throughout the EU as soon as they come into force without
further action by the member state.
The rules and procedures for EU decision-making are laid down in the Treaties. Every proposal
for a new European law must be based on a specific Treaty article, referred to as the ‘legal basis’
of the proposal. This determines which legislative procedure must be followed. The three main
procedures are ‘co-decision’, ‘consultation’ and ‘assent’.
1.
Co-decision
Co-decision is the procedure now used for most EU law-making. In the co-decision procedure,
Parliament shares legislative power equally with the Council.
If Council and Parliament cannot agree on a piece of proposed legislation, there will be no new
law. The procedure provides for two successive ‘readings’ in each institution. If an agreement is
reached in these readings, the law can be passed. If not, it will be put before a conciliation
committee, composed of equal numbers of Council and Parliament representatives. Once this
committee has reached an agreement, the agreed text is sent again to Parliament and the Council
so that they can finally adopt it as law. Conciliation is becoming increasingly rare. Most laws
passed in co-decision are, in fact, adopted either at the first or second reading as a result of good
cooperation between the three institutions.
The diagram shows the procedure in greater detail. For further information, go to
ec.europa.eu/codecision
7
8
Three 'councils': which is which?
It’s easy to get confused about which European body is which — especially when very different
bodies have very similar names, such as these three ‘councils’.
The European Council
 This means the Heads of State or Government of all the EU countries, plus the President of
the European Commission. It depends on the political system of each country whether their
participant is the president and/or the prime minister. The European Council meets, in
principle, four times a year to agree overall EU policy and to review progress. It is the highest
level policymaking body in the European Union, which is why its meetings are often called
‘summits’.
The Council of the European Union
 Formerly known as the Council of Ministers, this institution consists of government ministers
from all the EU countries. The Council meets regularly to take detailed decisions and to pass
EU laws. A fuller description of its work is given later in this booklet.
The Council of Europe
 This is not an EU institution at all. It is an intergovernmental organisation which aims
(amongst other things) to protect human rights, to promote Europe’s cultural diversity and to
combat social problems such as racial prejudice and intolerance. It was set up in 1949 and
one of its early achievements was to draw up the European Convention on Human Rights. To
enable citizens to exercise their rights under that convention, it set up the European Court of
Human Rights. The Council of Europe now has 46 member countries, including all 27
European Union countries, and its headquarters is the Palais de l’Europe in Strasbourg
(France)
2.
Consultation
The consultation procedure is used in areas such as agriculture, taxation and competition.
Based on a proposal from the Commission, the Council consults Parliament, the European
Economic and Social Committee and the Committee of the Regions.
Under the consultation procedure, Parliament may:



approve the Commission proposal,
reject it, or
ask for amendments.
If Parliament asks for amendments, the Commission will consider all the changes Parliament
suggests. If it accepts any of these suggestions it will send the Council an amended proposal.
The decision ultimately rests with the Council, which either adopts the amended proposal or
amends it further. In this procedure, as in all others, if the Council amends a Commission
proposal it must do so unanimously.
9
3.
Assent
The assent procedure means that the Council has to obtain the European Parliament’s assent
before certain very important decisions are taken. The procedure is the same as in the case of
consultation, except that Parliament cannot amend a proposal: it must either accept or reject it.
Acceptance (‘assent’) requires an absolute majority of the votes cast.
The assent procedure is mostly used for agreements with other countries, including the
agreements allowing new countries to join the EU.
Who works for the EU institutions?
The civil servants who work for the EU institutions come from all EU member countries. They
cover a wide range of activities and skills, from policymakers and managers to economists,
engineers, lawyers, linguists, secretaries and technical support staff. They must be able and
willing to work in a multicultural and multilingual environment, usually at quite a distance from
their home country.
To become an EU civil servant you have to pass a tough competitive examination. These exams
are centrally organised by the European Personnel Selection Office (EPSO).
Further information at europa.eu/epso
10
The European Parliament: voice of the people
Key facts
Role:
Next election:
Meetings:
Address:
Tel.
Internet:
Directly elected legislative arm of the EU
June 2009
Monthly plenary sessions in Strasbourg, committee meetings and additional sessions in
Brussels.
Plateau du Kirchberg, B.P. 1601, L-2929 Luxembourg
(352) 4300-1
europarl.europa.eu
The European Parliament (EP) is elected by the citizens of the European Union to represent their
interests. Its origins go back to the 1950s and the founding Treaties. Since 1979 its members have
been directly elected by the citizens of the EU.
Elections are held every five years, and every EU citizen is entitled to vote, and to stand as a
candidate, wherever they live in the EU. Parliament thus expresses the democratic will of the
Union’s nearly 500 million citizens and it represents their interests in discussions with the other
EU institutions.
The latest elections were in June 2004. Parliament has 785 members from all 27 EU countries.
Members of the European Parliament (MEPs) do not sit in national blocks, but in EU-wide
political groups. Between them, they represent all views on political issues and European
integration, from the strongly pro-federalist to the openly Eurosceptic.
Hans-Gert Pöttering was elected President of the EP in 2007 and is to hold that post until the
2009 elections.
Where is Parliament based?
The European Parliament has three places of work: Brussels (Belgium), Luxembourg and
Strasbourg (France).
Luxembourg is home to the administrative offices (the ‘General Secretariat’). Meetings of the
whole Parliament, known as ‘plenary sessions’, take place in Strasbourg and sometimes in
Brussels. Committee meetings are also held in Brussels.
11
Number of seats per political group, as at 1 September 2007
Political group
Abbreviation
No of seats
European People’s Party (Christian Democrats) and
EPP-ED
European Democrats
Socialist Group
PES
Alliance of Liberals and Democrats for Europe
ALDE
Union for Europe of the Nations
UEN
Greens/European Free Alliance
Greens/EFA
European United Left/Nordic Green Left
EUL/NGL
Independence/Democracy
ID
Identity, Tradition and Sovereignty
ITS
Non-attached members and temporarily vacant seats
NI
Total
278
216
104
44
42
41
24
23
13
785
Number of seats per country
Austria
Belgium
Bulgaria
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
18
24
18
6
24
14
6
14
78
99
24
24
13
78
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden
United Kingdom
Total
9
13
6
5
27
54
24
35
14
7
54
19
78
785
12
What does Parliament do?
Parliament has three main roles.
1. Passing European laws — jointly with the Council in many policy areas. The fact that the EP
is directly elected by the citizens of the EU helps guarantee the democratic legitimacy of
European law.
2. Parliament exercises democratic supervision over the other EU institutions, and in particular
the Commission. It has the power to approve or reject the nomination of commissioners, and
it has the right to require the Commission as a whole to step down.
3. The power of the purse. Parliament shares with the Council authority over the EU budget and
can therefore influence EU spending. It adopts or rejects the budget in its entirety.
These three roles are described in greater detail below.
1.
Passing European laws
The most common procedure for adopting (i.e. passing) EU legislation is ‘co-decision’ (see
above: ‘How the EU takes decisions’). This procedure places the European Parliament and the
Council on an equal footing, and it applies to legislation in a wide range of fields.
In some fields (for example agriculture, economic policy, visas and immigration), the Council
alone legislates, but it has to consult Parliament. In addition, Parliament’s assent is required for
certain important decisions, such as allowing new countries to join the EU.
Parliament also provides impetus for new legislation by examining the Commission’s annual
work programme, considering what new laws would be appropriate and asking the Commission
to put forward proposals.
2.
Democratic supervision
Parliament exercises democratic supervision over the other EU institutions in several ways.
When a new Commission takes office, its members are nominated by the governments of the EU
countries, but they cannot be appointed without Parliament’s approval. Parliament interviews
each of them individually, including the prospective Commission President, and then votes on
whether to approve the Commission as a whole.
Throughout its term of office, the Commission remains politically accountable to Parliament,
which can pass a ‘motion of censure’ requiring the Commission’s mass resignation.
More generally, Parliament exercises control by regularly examining reports sent to it by the
Commission (the annual general report, reports on the implementation of the budget, etc.).
Moreover, MEPs regularly ask the Commission questions which the commissioners are legally
required to answer.
Parliament also monitors the work of the Council: MEPs regularly ask the Council questions, and
the President of the Council attends the EP’s plenary sessions and takes part in important debates.
13
Parliament can exercise further democratic control by examining petitions from citizens and
setting up committees of inquiry.
Finally, Parliament provides input to every EU summit (the European Council meetings). At the
opening of each summit, the President of Parliament is invited to express Parliament’s views and
concerns about topical issues and the items on the European Council’s agenda.
3.
The power of the purse
The EU’s annual budget is decided jointly by Parliament and the Council. Parliament debates it in
two successive readings, and the budget does not come into force until it has been signed by the
President of Parliament.
Parliament’s Committee on Budgetary Control monitors how the budget is spent. In addition, the
Parliament each year decides whether to approve the Commission’s handling of the budget. This
approval process is technically known as ‘granting a discharge’.
How is Parliament’s work organised?
Parliament’s work is divided into two main stages.

Preparing for the plenary session. MEPs debate the Commission’s proposals in committees
that specialise in particular areas of EU activity and on the basis of a report prepared by one
of the committee members, the so called ‘rapporteur’. The report gives the background and
the pros and cons of the proposal. The issues for debate are also discussed by the political
groups.

The plenary session. Each year, 12 four-day plenary sessions are held in Strasbourg and six
two-day sessions are held in Brussels. At these sessions, Parliament examines proposed
legislation and votes on amendments before deciding on the text as a whole.
Other agenda items may include Commission ‘communications’ setting out its intentions in a
particular sphere, or questions to the Commission or Council about what is going on in the EU or
the wider world.
14
The Council of the European Union: voice of the
member states
Key facts
Role:
Members:
Presidency:
Meetings:
Address:
Tel.
Internet:
Legislative (in some fields executive) arm of the EU; represents the member states.
One minister from each EU country
Rotates every six months
In Brussels (Belgium), except in April, June and October (Luxembourg).
Rue de la Loi/Wetstraat 175, B-1048 Brussels
(32-2) 285 61 11
consilium.europa.eu
The Council is the EU’s main decision-making body. Like the European Parliament, the Council
was set up by the founding Treaties in the 1950s. It represents the member states, and its meetings
are attended by one minister from each of the EU’s national governments.
Which ministers attend which meeting depends on what subjects are on the agenda. If, for
example, the Council is to discuss environmental issues, the meeting will be attended by the
environment minister from each EU country and it will be known as the ‘Environment Council’.
The EU’s relations with the rest of the world are dealt with by the ‘General Affairs and External
Relations Council’. But this Council configuration also has wider responsibility for general policy
issues, so its meetings are attended by whichever minister or state secretary each government
chooses.
Altogether there are nine different Council configurations.









General Affairs and External Relations,
Economic and Financial Affairs (Ecofin),
Justice and Home Affairs,
Employment, Social Policy, Health and Consumer Affairs,
Competitiveness,
Transport, Telecommunications and Energy,
Agriculture and Fisheries,
Environment,
Education, Youth and Culture.
Each minister in the Council is empowered to commit his or her government. In other words, the
minister’s signature is the signature of the whole government. Moreover, each minister in the
Council is answerable to his or her national parliament and to the citizens that parliament
represents. Together with the European Parliament’s involvement in decision-making, this
ensures the democratic legitimacy of the Council’s decisions.
Up to four times a year the presidents and/or prime ministers of the EU countries, together with
the President of the European Commission, meet as the European Council. These ‘summit’
meetings set overall EU policy and resolve issues that could not be settled at a lower level (i.e. by
the ministers at normal Council meetings). Given the importance of European Council
discussions, they often go on late into the night and attract a lot of media attention.
15
What does the Council do?
The Council has six key responsibilities.
1. To pass EU laws — jointly with the European Parliament in many policy areas.
2. To coordinate the broad economic and social policies of the member states.
3. To conclude international agreements between the EU and other countries or international
organisations.
4. To approve the EU’s budget, jointly with the European Parliament.
5. To define and implement the EU’s common foreign and security policy (CFSP) based on
guidelines set by the European Council.
6. To coordinate cooperation between the national courts and police forces in criminal matters.
Most of these responsibilities relate to the ‘Community’ domain — i.e. areas of action where the
member states have decided to pool their sovereignty and delegate decision-making powers to the
EU institutions. This domain is the ‘first pillar’ of the European Union.
However, the last two responsibilities relate largely to areas in which the EU countries have not
delegated their powers but are simply working together. This is called ‘intergovernmental
cooperation’ and it covers the second and third ‘pillars’ of the European Union.
The Council’s work is described in greater detail below.
1.
Legislation
The bulk of the Council’s work is in passing legislation in areas where the EU has pooled its
sovereignty. The most common procedure for this is ‘co-decision’, where EU legislation is
adopted jointly by the Council and Parliament on the basis of a proposal from the Commission. In
some areas, the Council has the final word but only on the basis of a Commission proposal and
only after having taking into account the views of the Commission and the Parliament (see above:
‘How the EU takes decisions’).
2.
Coordinating the policies of member states
The EU countries have decided that they want an overall economic policy based on close
coordination between their national economic policies. This coordination is carried out by the
economics and finance ministers, who collectively form the Economic and Financial Affairs
(Ecofin) Council.
They also want to create more jobs and to improve their education, health and social protection
systems. Although each EU country is responsible for its own policy in these areas, they can
agree on common goals and learn from each other’s experience of what works best. This process
is called the ‘open method of coordination’, and it takes place within the Council.
3.
Concluding international agreements
16
Each year, the Council ‘concludes’ (i.e. officially signs) a number of agreements between the
European Union and non-EU countries, as well as with international organisations. These
agreements may cover broad areas such as trade, cooperation and development or they may deal
with specific subjects such as textiles, fisheries, science and technology, transport, etc.
In addition, the Council may conclude conventions between the EU member states in fields such
as taxation, company law or consular protection. Conventions can also deal with cooperation on
issues of freedom, security and justice (see below).
4.
Approving the EU budget
The EU’s annual budget is decided jointly by the Council and the European Parliament.
5.
Common foreign and security policy
The EU countries are working to develop a common foreign and security policy (CFSP). But
foreign policy, security and defence are matters over which the individual national governments
retain independent control. However, the EU countries have recognised the advantages of
working together on these issues, and the Council is the main forum in which this
‘intergovernmental cooperation’ takes place.
This cooperation not only covers defence issues but crisis management tasks, such as
humanitarian and rescue operations, peacekeeping and peacemaking in trouble spots. The EU
countries try to mobilise and coordinate military and police forces, so that they can be used in
coordination with diplomatic and economic action. Through these mechanisms, the EU has
helped to maintain peace, build democracy and spur economic progress in places as far apart as
Indonesia, the Democratic Republic of the Congo and the countries of south-eastern Europe.
6.
Freedom, security and justice
EU citizens are free to live and work in whichever EU country they choose, so they should have
equal access to civil justice everywhere in the European Union. National courts therefore need to
work together to ensure, for example, that a court judgment delivered in one EU country in a
divorce or child custody case is recognised in all other EU countries.
Freedom of movement within the EU is of great benefit to law-abiding citizens, but it is also
exploited by international criminals and terrorists. To tackle cross-border crime requires crossborder cooperation between the national courts, police forces, customs officers and immigration
services of all EU countries.
They have to ensure, for example:



that the EU’s external borders are effectively policed;
that customs officers and police exchange information on the movements of suspected drugs
traffickers or people smugglers;
that asylum seekers are assessed and treated in the same way throughout the EU, so as to
prevent ‘asylum shopping’.
17
Issues such as these are dealt with by the Justice and Home Affairs Council — i.e. the
ministers for justice and of the interior. The aim is to create a single ‘area of freedom,
security and justice’ within the EU’s borders.
How is the Council’s work organised?
The Council presidency
The presidency of the Council rotates every six months. In other words, each EU country in turn
takes charge of the Council agenda and chairs all the meetings for a six-month period, promoting
legislative and political decisions and brokering compromises between the member states.
The General Secretariat
The presidency is assisted by the General Secretariat, which prepares and ensures the smooth
functioning of the Council’s work at all levels.
In 2004, Javier Solana was reappointed Secretary-General of the Council. He is also High
Representative for the common foreign and security policy (CFSP) and in this capacity he helps
coordinate the EU’s action on the world stage.
The Secretary-General is assisted by a Deputy Secretary-General in charge of managing the
General Secretariat.
Coreper
In Brussels, each EU country has a permanent team (‘representation’) that represents it and
defends its national interest at EU level. The head of each representation is, in effect, that
country’s ambassador to the EU.
These ambassadors are known as ‘permanent representatives’ and meet weekly within the
Permanent Representatives Committee (Coreper). The role of this committee is to prepare the
work of the Council, with the exception of most agricultural issues, which are handled by the
Special Committee on Agriculture. Coreper is assisted by a number of working groups, attended
by officials from the representations or national administrations.
Security and defence
The Council is assisted by a separate structure in matters of security and defence:




the Political and Security Committee (PSC), which is to this cooperation what Coreper is to
other types of decision;
the European Union Military Committee (EUMC), made up of the member states’ Chiefs of
Defence Staff; and
the European Union Military Staff (EUMS), composed of military and civilian experts
seconded to the Council Secretariat by the member states;
the Committee for the Civilian Aspects of Crisis Management.
18
How many votes per country?
Decisions in the Council are taken by vote. The bigger the country’s population, the more votes it
has, but the numbers are weighted in favour of the less populous countries:
France, Germany, Italy and the United Kingdom
Poland and Spain
Romania
Netherlands
Belgium, Czech Republic, Greece, Hungary and Portugal
Austria, Bulgaria, Sweden
Denmark, Finland, Ireland, Lithuania and Slovakia
Cyprus, Estonia, Latvia, Luxembourg and Slovenia
Malta
Total
29
27
14
13
12
10
7
4
3
345
Qualified majority voting
In some particularly sensitive areas such as common foreign and security policy, taxation, asylum
and immigration policy, Council decisions have to be unanimous. In other words, each member
state has the power of veto in these areas.
On most issues, however, the Council takes decisions by ‘qualified majority voting’.
A qualified majority is reached:


if a majority of member states (in some cases a two-thirds majority) approve;
and
if a minimum of 255 votes is cast in favour — which is 73.9% of the total.
In addition, a member state may ask for confirmation that the votes in favour represent at least
62% of the total population of the Union. If this is found not to be the case, the decision will not
be adopted.
19
The European Commission: promoting the common
interest
Key facts
Role:
Members:
Term of office:
Address:
Tel.
Internet:
Executive arm of the EU and initiator of legislative proposals
27: one from each of the member states.
Five years (2004–09)
B-1049 Brussels
(32-2) 299 11 11
ec.europa.eu
The Commission is independent of national governments. Its job is to represent and uphold the
interests of the EU as a whole. It drafts proposals for new European laws, which it presents to the
European Parliament (EP) and the Council.
It is also the EU’s executive arm — in other words, it is responsible for implementing the
decisions of Parliament and the Council. That means managing the day-to-day business of the
European Union: implementing its policies, running its programmes and spending its funds.
Like the EP and the Council, the European Commission was set up in the 1950s under the EU’s
founding Treaties.
What is the Commission?
The term ‘Commission’ is used in two senses. First, it refers to the team of men and women —
one from each EU country — appointed to run the institution and take its decisions. Secondly, the
term ‘Commission’ refers to the institution itself and to its staff.
Informally, the appointed members of the Commission are known as ‘commissioners’. They have
generally held political positions in their countries of origin and many have been government
ministers, but as members of the Commission they are committed to acting in the interests of the
Union as a whole and not taking instructions from national governments.
A new Commission is appointed every five years, within six months of the elections to the
European Parliament. The procedure is as follows:




the member state governments agree together on who to designate as the new Commission
President;
the Commission President-designate is then approved by Parliament;
the Commission President-designate, in discussion with the member state governments,
chooses the other members of the Commission;
the new Parliament then interviews each commissioner-designate and then gives its opinion
on the whole team. Once the new Commission is approved, it can officially start work.
The present Commission’s term of office runs until 31 October 2009. Its President is José Manuel
Barroso.
20
The Commission remains politically accountable to Parliament, which has the power to dismiss
the whole Commission by adopting a motion of censure. Individual members of the Commission
must resign if asked to do so by the President and the other commissioners approve.
The Commission is represented at all sessions of Parliament, where it must clarify and justify its
policies. It also replies regularly to written and oral questions posed by MEPs.
The day-to-day running of the Commission is in the hands of administrative officials, experts,
translators, interpreters and secretarial staff. There are approximately 23 000 of these European
civil servants. That may sound a lot, but in fact it is fewer than the number of staff employed by a
typical medium-sized city council in Europe.
Where is the Commission based?
The ‘seat’ of the Commission is in Brussels (Belgium), but it also has offices in Luxembourg,
representations in all EU countries and delegations in many capital cities around the world.
What does the Commission do?
The European Commission has four main roles:
1.
2.
3.
4.
1.
to propose legislation to Parliament and the Council;
to manage and implement EU policies and the budget;
to enforce EU law (jointly with the Court of Justice);
to represent the European Union on the international stage, for example by negotiating
agreements between the EU and other countries.
Proposing new legislation
The Commission has the ‘right of initiative’. In other words, the Commission alone is responsible
for drawing up proposals for new EU legislation, which it presents to Parliament and the Council.
These proposals must aim to defend the interests of the Union and its citizens, not those of
specific countries or industries.
Before making any proposals, the Commission must be aware of new situations and problems
developing in Europe, and it must consider whether EU legislation is the best way to deal with
them. That is why the Commission is in constant touch with a wide range of interest groups and
with two advisory bodies — the European Economic and Social Committee and the Committee of
the Regions. It also takes the opinions of national parliaments and governments into account.
The Commission will propose action at EU level only if it considers that a problem cannot be
solved more efficiently by national, regional or local action. This approach of dealing with issues
at the lowest possible level is called the ‘subsidiarity principle’.
If the Commission concludes that EU legislation is needed, then it drafts a proposal that it
believes will deal with the problem effectively and satisfy the widest possible range of interests.
To get the technical details right the Commission consults experts, via various advisory
committees and consultative groups. Frequently, it publishes ‘Green’ and ‘White’ papers, holds
hearings, seeks the views of civil society and commissions specialist expert reports, and often
21
consults the public directly before it makes a proposal in order to ensure that it has as complete a
picture as possible.
2.
Implementing EU policies and the budget
As the European Union’s executive body, the Commission is responsible for managing and
implementing the EU budget. Most of the actual spending is done by national and local
authorities, but the Commission is responsible for supervising it — under the watchful eye of the
Court of Auditors. Both institutions aim to ensure good financial management. Only if it is
satisfied with the Court of Auditors’ annual report does the European Parliament grant the
Commission discharge for implementing the budget.
The Commission also has to implement decisions taken by Parliament and the Council, such as
those relating to the common agricultural policy, fisheries, energy, regional development, the
environment, or youth and educational training and exchange schemes, such as the Erasmus
programme. It also plays a major role in competition policy in order to ensure that businesses
operate on a level playing field. The Commission may prohibit mergers between companies if it
thinks they will lead to unfair competition. The Commission also has to make sure that EU
countries do not distort competition through excessive subsidies to their industries.
3.
Enforcing European law
The Commission acts as ‘guardian of the Treaties’. This means that the Commission, together
with the Court of Justice, is responsible for making sure EU law is properly applied in all the
member states.
If it finds that an EU country is not applying an EU law, it launches a process called the
‘infringement procedure’. The first step is to send the government an official letter, saying why
the Commission considers this country is infringing EU law and setting it a deadline for sending a
detailed explanation.
If the member state does not have a satisfactory explanation or put matters right, the Commission
will send another letter confirming that EU law has been infringed and setting a deadline for it to
be corrected. If the member state still fails to comply, the Commission will refer the matter to the
Court of Justice to decide. The Court’s judgements are binding on the member states and the EU
institutions. In cases where member states continue failing to adhere to a judgment, the Court can
impose financial sanctions.
4.
Representing the EU on the international stage
The European Commission is an important spokesperson for the European Union on the
international stage. It is the voice of the EU in international forums such as the World Trade
Organisation, in negotiations on the international climate change agreement, the Kyoto Protocol,
and the EU’s important aid and trade partnership with developing countries in Africa, the
Caribbean and the Pacific, known as the Cotonou Agreement.
The Commission also speaks and negotiates on behalf of the EU in areas where the member states
have pooled sovereignty. This is done on the basis of agreements reached in advance with the
states.
22
How is the Commission’s work organised?
It is up to the Commission President to decide which commissioner will be responsible for which
policy area, and to reshuffle these responsibilities (if necessary) during the Commission’s term of
office.
The Commission generally meets once a week, usually on Wednesdays, and usually in Brussels.
Each item on the agenda is presented by the commissioner responsible for that policy area, and
the whole team then takes a collective decision on it.
The Commission’s staff is organised in departments, known as ‘directorates-general’ (DGs) and
‘services’ (such as the Legal Service). Each DG is responsible for a particular policy area and is
headed by a director-general who is answerable to one of the commissioners. Overall
coordination is provided by the Secretariat-General, which also manages the weekly Commission
meetings. It is headed by the Secretary-General, who is answerable directly to the President.
It is the DGs that actually devise and draft legislative proposals, but these proposals become
official only when ‘adopted’ by the Commission at its weekly meeting. The procedure is roughly
as follows.
Suppose, for example, that the Commission sees a need for EU legislation to prevent pollution of
Europe’s rivers. The Directorate-General for the Environment will draw up a proposal, based on
extensive consultations with European industry, farming and environmental organisations, and
environment ministries in the EU countries. The draft will also be discussed with other
Commission departments with an interest in this topic, and checked by the Legal Service and the
Secretariat-General.
Once the proposal is fully ready, it will be put on the agenda of a Commission meeting. If at least
14 of the 27 commissioners approve the proposal, the Commission will adopt it and it will have
the whole team’s unconditional support. The document will then be sent to the Council and the
European Parliament for them to decide on the proposal. The Commission may subsequently
make amendments in the light of the comments from these two institutions and then send the
proposal back for final approval.
23
The Court of Justice: upholding the law
Key facts
Role:
Court of Justice:
Court of First Instance:
Civil Service Tribunal:
Term of office:
Address:
Tel.
Internet:
To give legal judgments on cases brought before it.
One judge from each EU country; eight advocates-general
At least one judge from each EU country (27 in 2007)
Seven judges
Renewable terms of six years
Boulevard Konrad Adenauer, L-2925 Luxembourg
(352) 43 03-1
curia.europa.eu
The Court of Justice of the European Communities (often referred to simply as ‘the Court’) dates
back to the very first of the EU Treaties, the ECSC Treaty of 1952. It is based in Luxembourg.
Its job is to make sure that EU legislation is interpreted and applied in the same way in all EU
countries, so that the law is equal for everyone. It ensures, for example, that national courts do not
give different rulings on the same issue.
The Court also makes sure that EU member states and institutions do what the law requires. The
Court has the power to settle legal disputes between EU member states, EU institutions,
businesses and individuals.
The Court is composed of one judge per member state, so that all 27 of the EU’s national legal
systems are represented. For the sake of efficiency, however, the Court rarely sits as the full
court. It usually sits as a ‘Grand Chamber’ of just 13 judges or in chambers of five or three
judges.
The Court is assisted by eight ‘advocates-general’. Their role is to present opinions on the cases
brought before the Court. They must do so publicly and impartially.
The judges and advocates-general are people whose impartiality is beyond doubt. They have the
qualifications or competence needed for appointment to the highest judicial positions in their
home countries. They are appointed to the Court of Justice by joint agreement between the
governments of the EU member states. Each is appointed for a term of six years, which may be
renewed.
To help the Court of Justice cope with the large number of cases brought before it, and to offer
citizens better legal protection, a Court of First Instance was created in 1988. This court (which is
attached to the Court of Justice) is responsible for giving rulings on certain kinds of case,
particularly actions brought by private individuals, companies and some organisations, and cases
relating to competition law. This court also has one judge from each EU country.
The European Union Civil Service Tribunal adjudicates in disputes between the European Union
and its civil service. This tribunal is composed of seven judges and is attached to the Court of
First Instance.
24
The Court of Justice, the Court of First Instance and the Civil Service Tribunal each have a
president chosen by their fellow judges to serve for a renewable term of three years. Vassilios
Skouris was elected President of the Court of Justice in 2003. Marc Jaeger is the current President
of the Court of First Instance. Paul J. Mahoney has been President of the Civil Service Tribunal
since 2005.
What does the Court do?
The Court gives rulings on cases brought before it. The five most common types of case are:
1.
2.
3.
4.
5.
references for a preliminary ruling;
actions for failure to fulfil an obligation;
actions for annulment;
actions for failure to act;
actions for damages.
They are each described in greater detail below.
1.
The preliminary ruling procedure
The national courts in each EU country are responsible for ensuring that EU law is properly
applied in that country. But there is a risk that courts in different countries might interpret EU law
in different ways.
To prevent this happening, there is a ‘preliminary ruling procedure’. This means that if a national
court is in any doubt about the interpretation or validity of an EU law it may, and sometimes
must, ask the Court of Justice for advice. This advice is given in the form of a ‘preliminary
ruling’.
2.
Actions for failure to fulfil an obligation
The Commission can start these proceedings if it has reason to believe that a member state is
failing to fulfil its obligations under EU law. These proceedings may also be started by another
EU country.
In either case, the Court investigates the allegations and gives its judgment. The accused member
state, if it is indeed found to be at fault, must set things right at once. If the Court finds that the
member state has not complied with its judgment, it may impose a fine on that country.
3.
Actions for annulment
If any of the member states, the Council, the Commission or (under certain conditions)
Parliament believes that a particular EU law is illegal, they may ask the Court to annul it.
These ‘actions for annulment’ can also be used by private individuals who want the Court to
cancel a particular law because it directly and adversely affects them as individuals.
25
If the Court finds that the law in question was not correctly adopted or is not correctly based on
the Treaties, it may declare the law null and void.
4.
Actions for failure to act
The Treaty requires the European Parliament, the Council and the Commission to make certain
decisions under certain circumstances. If they fail to do so, the member states, the other EU
institutions and (under certain conditions) individuals or companies can lodge a complaint with
the Court so as to have this failure to act officially recorded.
5.
Actions for damages
Any person or company who has suffered damage as a result of the action or inaction of the
Community or its staff may bring an action seeking compensation before the Court of First
Instance.
How is the Court’s work organised?
Cases are submitted to the registry and a specific judge and advocate-general are assigned to each
case.
The procedure that follows is in two stages: first a written and then an oral phase.
At the first stage, all the parties involved submit written statements and the judge assigned to the
case draws up a report summarising these statements and the legal background to the case.
Then comes the second stage — the public hearing. Depending on the importance and complexity
of the case, this hearing can take place before a chamber of three, five or 13 judges, or before the
full Court. At the hearing, the parties’ lawyers put their case before the judges and the advocategeneral, who can question them. The advocate-general then gives his or her opinion, after which
the judges deliberate and deliver their judgment. This will not necessarily follow the opinion of
the advocate-general.
Judgments of the Court are decided by a majority and pronounced at a public hearing. Dissenting
opinions are not expressed. Decisions are published on the day of delivery.
The procedure in the Court of First Instance is similar, except that there is no opinion from an
advocate-general.
26
The European Court of Auditors: getting value for your
money
Key facts
Role:
Members:
Term of office:
Address:
Tel.
Internet:
To check that EU funds are used properly
One from each EU country
Members are appointed for a renewable term of six years
12 rue Alcide de Gasperi, L-1615 Luxembourg
(352) 43 98-1
eca.europa.eu
The Court of Auditors was set up in 1975. It is based in Luxembourg. The court’s job is to check
that EU funds are managed properly so that the citizens of the Union get maximum value for
money. It has the right to audit any person or organisation handling EU funds.
The court has one member from each EU country, appointed by the Council for a renewable term
of six years. The members elect one of them as President for a renewable term of three years.
Hubert Weber has been President of the Court of Auditors since January 2005.
What does the court do?
The court’s main role is to check that the EU budget is correctly implemented — in other words,
that EU income and expenditure is obtained, spent and recorded legally and to ensure sound
financial management. So its work helps guarantee that the EU system operates economically,
efficiently, effectively and openly.
To carry out its tasks, the court can investigate the paperwork of any person or organisation
handling EU income or expenditure. It frequently carries out on-the-spot checks. Its findings are
written up in reports which bring any problems to the attention of the Commission and EU
member state governments.
To do its job effectively, the Court of Auditors must remain completely independent of the other
institutions but at the same time stay in constant touch with them.
One of its key functions is to help the European Parliament and the Council by presenting them
every year with an audit report on the previous financial year. Parliament examines the court’s
report in detail before deciding whether or not to approve the Commission’s handling of the
budget. If satisfied, the Court of Auditors also sends the Council and Parliament a statement of
assurance that European citizens’ money has been properly used.
Finally, the court informs the citizens of the results of its work through reports on subjects of
particular interest.
How is the court’s work organised?
27
The Court of Auditors has approximately 800 staff, including translators and administrators as
well as auditors. The auditors are divided into ‘audit groups’. They prepare draft reports on which
the court takes decisions.
The auditors frequently go on tours of inspection to the other EU institutions, the member states
and any country that receives aid from the EU. Indeed, although the court’s work largely
concerns money for which the Commission is responsible, more than 80% of EU expenditure is
managed by the national authorities.
The Court of Auditors has no legal powers of its own. If auditors discover fraud or irregularities
they inform OLAF — the European Anti-Fraud Office. OLAF is a department of the European
Commission with a special status which ensures total autonomy.
28
The European Economic and Social Committee: voice
of civil society
Key facts
Role:
Members:
Term of office:
Meetings:
Address:
Tel.
Internet:
Represents organised civil society
344
Four years
Brussels, monthly
Rue Belliard 99, B-1040 Brussels
(32-2) 546 90 11
eesc.europa.eu
Founded in 1957 under the Treaty of Rome, the European Economic and Social Committee
(EESC) is a consultative body that gives representatives of Europe’s interest groups, such as
employer organisations and trade unions, and other ‘organised civil society’ bodies, such as
consumer associations, a formal platform to express their points of views on EU issues.
The EESC has 344 members — the number from each EU country roughly reflecting the size of
its population. The numbers per country are as follows:
France, Germany, Italy and the United Kingdom
Poland and Spain
Romania
Austria, Belgium, Bulgaria, Czech Republic, Greece, Hungary,
the Netherlands, Portugal and Sweden
Denmark, Finland, Ireland, Lithuania and Slovakia
Estonia, Latvia and Slovenia
Cyprus and Luxembourg
Malta
Total
24
21
15
12
9
7
6
5
344
The members are nominated by the EU governments but they work in complete political
independence. They are appointed for four years, and may be reappointed.
The Committee meets in plenary assembly, and its discussions are prepared by six subcommittees
known as ‘sections’, each dealing with particular policy areas. It elects its President and two
Vice-Presidents for a two-year term. Dimitris Dimitriadis became President of the EESC in
October 2006.
What does the EESC do?
The European Economic and Social Committee has three main roles:



to advise the European Parliament, Council of the European Union and the European
Commission, either at their request or on the Committee’s own initiative;
to encourage civil society to become more involved in EU policymaking;
to bolster the role of civil society in non-EU countries and to help set up advisory structures.
29
The Committee’s opinions are forwarded to the larger institutions — the Council, the
Commission and the European Parliament. It must be consulted before decisions are taken on
economic and social, regional and environment policy. It thus has a key role to play in the
Union’s decision-making process. The EESC is a bridge between the Union and its citizens,
promoting a more participatory, more inclusive and therefore more democratic society in Europe.
Who are the EESC’s members?
Working mostly in their countries of origin the members of the Committee form three groups that
represent employers, employees, and various other economic and social interests.
The Employers’ Group has members from private and public sectors of industry, small and
medium-sized businesses, chambers of commerce, wholesale and retail trade, banking and
insurance, transport and agriculture.
The Employees’ Group represents all categories of employees, from manual to executive. Its
members come from national trade union organisations.
The Various Interests Group represents non-governmental organisations (NGOs), farmers’
organisations, small businesses, crafts and professions, cooperatives and non-profit associations,
consumer and environmental organisations, the scientific and academic communities, and
associations that represent the family and the disabled.
30
The Committee of the Regions: voice of regional and
local government
Key facts
Role:
Members:
Term of office:
Meetings:
Address:
Tel.
Internet:
Represents regional and local authorities
344
Four years
Brussels, five plenary sessions per year
Rue Belliard 101, B-1040 Brussels
(32-2) 282 22 11
cor.europa.eu
Set up in 1994 under the Treaty on European Union, the Committee of the Regions (CoR) is an
advisory body composed of representatives of Europe’s regional and local authorities. The CoR
has to be consulted before EU decisions are taken on matters such as regional policy, the
environment, culture, education and transport — all of which concern local and regional
government.
The Committee has 344 members. The number from each EU country approximately reflects its
population size, as follows:
France, Germany, Italy and the United Kingdom
Poland and Spain
Romania
Austria, Belgium, Bulgaria, Czech Republic, Greece, Hungary,
the Netherlands, Portugal and Sweden
Denmark, Ireland, Lithuania, Slovakia and Finland
Estonia, Latvia and Slovenia
Cyprus and Luxembourg
Malta
Total
24
21
15
12
9
7
6
5
344
The members of the Committee are elected members of, or key players, in local or regional
authorities in their home region. They are nominated to the Committee by the national
governments and appointed by the Council of the European Union for four years. They may be
reappointed. Each country chooses its members in its own way, but the mix must reflect political
and geographical balances. If they lose their electoral mandate at home, they will have to stand
down from the Committee.
There are four political groups: the European People’s Party, the Party of the European Socialists,
the Alliance of Liberals and Democrats for Europe, and the Union for Europe of the Nations–
European Alliance.
The President of the CoR is elected for a two-year term from among its members. Michel
Delebarre was elected President in 2006.
31
What does the Committee do?
The role of the Committee of the Regions is to put forward the local and regional points of view
on EU legislation. It does so by issuing reports, or ‘opinions’, on Commission proposals.
The Commission and the Council must consult the CoR before EU decisions are taken on matters
that concern local and regional government. This can be employment policy, the environment,
education, culture, vocational training and youth, energy, transport, telecommunications, and
public health.
This list is not exhaustive. The Commission, the Council and the European Parliament are free to
consult the CoR on other issues. For its part, the committee can adopt opinions on its own
initiative and present them to the Commission, Council and Parliament.
How is the Committee’s work organised?
Each year the Committee of the Regions holds five plenary sessions, during which its general
policy is defined and opinions are adopted.
There are six ‘commissions’ to consider different policy areas and prepare the opinions to be
debated in the plenary sessions.
32
The European Investment Bank: financing economic
development
Key facts
Role:
Members:
Address:
Tel.
Internet:
Finances economic development
The EU member states
Board of Directors – 28, Management Committee – 9
100, Boulevard Konrad Adenauer, L-2950 Luxembourg
(352) 43 79-1
www.eib.org
The European Investment Bank (EIB) was set up in 1958 by the Treaty of Rome. Its main role is
to lend money for projects of European interest, such as rail and road links, airports, or
environmental schemes. It also provides finance for small business investment in the EU and for
economic development in candidate countries and the developing world.
Philippe Maystadt became President of the EIB in January 2000.
What does the Bank do?
The EIB is a non-profit-making, self-financing institution, independent of the EU budget. It is
financed through borrowing on the financial markets. The Bank’s shareholders — the member
states of the European Union — subscribe jointly to its capital, each country’s contribution
reflecting its economic weight within the Union.
This backing by the member states gives the EIB the highest possible credit rating (AAA) on the
capital markets, where it can therefore raise very large amounts of capital on very competitive
terms. This in turn enables the Bank to invest in projects of public interest that would otherwise
not get the money — or would have to borrow it more expensively.
The projects in which the bank invests are carefully selected.
Its priorities in the EU are to support:






cohesion and convergence,
small and medium-sized enterprises,
environmental sustainability,
innovation,
development of trans-European transport networks, and
sustainable, competitive and secure energy.
Outside the EU, the EIB supports EU development and cooperation policies in candidate and
potential candidate countries, countries around the Mediterranean and in eastern Europe
(including Russia) which are covered by the EU’s neighbourhood policy, and countries in Africa,
the Caribbean, the Pacific, Asia and Latin America. Lending to these countries focuses on:


private sector development,
infrastructure development,
33


security of energy supplies, and
environmental sustainability.
Finally, the EIB is majority shareholder in the European Investment Fund, with which it forms
the ‘EIB Group’. The Fund invests in venture capital and provides guarantees for small and
medium-sized enterprises. It does not lend directly to businesses or invest directly in firms.
Instead, it works through banks and other financial intermediaries, providing them with
guarantees to cover their loans to small businesses.
The Fund is active in the member states of the European Union and in countries which are
candidates for membership.
How is the Bank’s work organised?
The EIB is an autonomous institution. It makes its own borrowing and lending decisions on the
merits of each project and the opportunities offered by the financial markets. Each year, it
presents a report on all its activities.
The bank cooperates with the EU institutions. For example, its representatives take part in
committees of the European Parliament, and the President of the EIB attends the Council
meetings when the Economics and Finance ministers of the EU countries meet.
The Bank’s decisions are taken by the following bodies.

The Board of Governors consists of ministers (normally the finance ministers) from all the
member states. It defines the Bank’s general lending policy, approves the balance sheet and
annual report, authorises the Bank to fund projects outside the EU and decides on capital
increases.

The Board of Directors approves lending and borrowing operations and it makes sure that the
EIB is properly managed. It consists of 28 directors — one nominated by each EU member
state and one by the European Commission.

The Management Committee is the Bank’s full-time executive. It handles the EIB’s day-today business. It has nine members.
34
The European Central Bank: managing the euro
Key facts
Role:
Members:
Address:
Tel.
Internet:
To maintain price stability in the euro area and to conduct monetary policy
Governing Council – 19, General Council – 29, Executive Board – 6
Kaiserstrasse 29, D-60311 Frankfurt am Main
(49) 691 34 40
www.ecb.eu
The European Central Bank (ECB) was set up in 1998. It is based in Frankfurt (Germany). Its job
is to manage the euro — the EU’s single currency, and to safeguard price stability for the more
than two-thirds of the EU's citizens who use the euro. The ECB is also responsible for framing
and implementing the monetary policy of the euro area.
To carry out its role, the ECB works with the ‘European System of Central Banks’ (ESCB).
Countries which have so far adopted the euro collectively make up the ‘euro area’. The central
banks of these countries, together with the European Central Bank, make up what is called the
‘Eurosystem’.
The ECB works in complete independence. Neither the ECB, the national central banks of the
ESCB, nor any member of their decision-making bodies can ask for or accept instructions from
any other body. The EU institutions and the governments of the EU countries must respect this
principle and must not seek to influence the ECB or the national central banks.
Jean-Claude Trichet became President of the ECB in November 2003.
What does the Bank do?
One of the ECB’s main tasks is to maintain price stability in the euro area, so that the euro’s
purchasing power is not eroded by inflation. The ECB aims to ensure that the year-on-year
increase in consumer prices is less than, but close to, 2% over the medium term.
It does this by setting benchmark interest rates based on the analysis of economic and monetary
developments. It raises interest rates if it wants to curb inflation, and lowers them if it thinks the
risk of inflation is limited.
How is the Bank’s work organised?
The Executive Board of the ECB is responsible for implementing monetary policy, as defined by
the Governing Council (see below), and for giving instructions to the national central banks. It
also prepares the Governing Council meetings and is responsible for the day-to-day management
of the ECB.
It comprises the President of the ECB, the Vice-President and four other members, all appointed
by common agreement of the presidents or prime ministers of the euro area countries. The
Executive Board members are appointed for a non-renewable term of eight years.
35
The Governing Council is the European Central Bank’s highest decision-making body. It
comprises the six members of the Executive Board and the governors of the central banks of the
euro area. It is chaired by the President of the ECB. Its primary mission is to define the monetary
policy of the euro area, and, in particular, to fix the interest rates at which commercial banks can
obtain money from the ECB.
The General Council comprises the ECB’s President and the Vice-President and the governors of
the national central banks of all 27 EU member states. The General Council contributes to the
ECB’s advisory and coordination work and helps prepare for the further enlargement of the euro
area.
36
The European Ombudsman: investigating your
complaints
Key facts
Role:
Term of office:
Address:
Tel.
Internet:
To uncover cases of maladministration and propose solutions
Five years, renewable
1, Avenue du Président Robert Schuman, B.P. 403
F-67001 Strasbourg
(33) 388 17 23 13
ombudsman.europa.eu
The position of European Ombudsman was created by the Treaty on European Union in 1992.
The Ombudsman acts as an intermediary between the citizen and the EU authorities. He is
entitled to receive and investigate complaints from EU citizens, businesses and organisations, and
from anyone residing or having their registered office in an EU country.
The Ombudsman is elected by the European Parliament for a renewable term of five years, which
corresponds to Parliament’s legislative term. Nikiforos Diamandouros took up the post of
European Ombudsman in April 2003 and was re-elected in January 2005 for a five-year term.
What does the Ombudsman do?
He investigates ‘maladministration’ in the European Union institutions and bodies.
‘Maladministration’ means poor or failed administration — in other words, when an institution
fails to act in accordance with the law, or fails to respect the principles of good administration, or
violates human rights. Some examples are:






unfairness,
discrimination,
abuse of power,
lack or refusal of information,
unnecessary delay,
incorrect procedures.
The Ombudsman carries out investigations following a complaint or on his own initiative. He
operates completely independently and impartially. He does not request or accept instructions
from any government or organisation.
How do I complain to the Ombudsman?
If you want to complain about maladministration by an EU institution or body, the first thing to
do is contact that institution or body through the usual administrative channels and try to get them
to put the situation right.
If that approach fails, you can complain to the European Ombudsman.
37
You must make your complaint to the Ombudsman within two years of the date on which you
became aware of the act of maladministration. You must clearly state who you are, which
institution or body you are complaining about, and what problem you are complaining about. You
may ask for the complaint to remain confidential.
For practical guidance on making your complaint, go to the Ombudsman’s website:
ombudsman.europa.eu
What result can I expect?
If the Ombudsman cannot deal with your complaint — for example, if it has already been the
subject of a court case — he will do his best to advise you which other body may be able to help.
To resolve your problem, the Ombudsman may simply need to inform the institution or body
concerned. If the problem is not cleared up during his enquiries, the Ombudsman will try to find a
friendly solution which puts the matter right and satisfies you.
If this fails, the Ombudsman can make recommendations to resolve the issue. If the institution
concerned does not accept his recommendations, he can make a special report to the European
Parliament so that it can take whatever political action is necessary.
Every year, the Ombudsman presents the European Parliament with a report on all his work.
38
The European Data Protection Supervisor:
safeguarding your privacy
Key facts
Role:
Term of office:
Address:
Tel.
Internet:
To protect personal data processed by the EU institutions
Five years, renewable
Rue Wiertz 60, MO 63, B-1047 Brussels
(32-2) 283 19 00
edps.europa.eu
The position of European Data Protection Supervisor (EDPS) was created in 2001. The
responsibilities of the EDPS are to make sure that the EU institutions and bodies respect the right
to privacy when processing personal data.
What does the EDPS do?
When EU institutions and bodies process personal data about an identifiable person, they must
respect that person’s right to privacy. The EDPS makes sure they do.
‘Processing’ covers activities such as collecting data, recording and storing them, retrieving them
for consultation, sending them or making them available to other people, and also blocking,
erasing or destroying them.
There are strict privacy rules governing these activities. For example, EU institutions and bodies
are, in general, not allowed to process personal data that reveal your racial or ethnic origin,
political opinions, religious or philosophical beliefs or trade-union membership.
The EDPS works with the data protection officers in each EU institution or body to ensure that
the privacy rules are applied.
The EDPS gives advice on all matters that concern the processing of personal data — both on
processing done by the EU institutions and bodies, and on proposals for new legislation. It
cooperates with national protection authorities in the EU countries, as well as with other actors in
this field.
In 2004, Peter Johan Hustinx was appointed as European Data Protection Supervisor.
How can the EDPS help you?
If you have reason to believe that your right to privacy has been infringed by an EU institution or
body, you should firstly address the people responsible for the processing. If you are not satisfied
with the outcome, you should contact the relevant data protection officer (the names can be found
on the EDPS website). You can also complain to the European Data Protection Supervisor, who
will investigate your complaint and let you know the outcome as soon as possible.
The EDPS can, for example, order the institution or body concerned to correct, block, erase or
destroy personal data that have been unlawfully processed.
If you disagree with his decision, you may take the matter to the Court of Justice.
39
Agencies
An agency is not an EU institution: it is a body set up by a specific piece of EU legislation to
carry out a particular task. Not all EU agencies have the word ‘agency’ in their official title:
they may instead be called, for example, a Centre, Foundation, Institute, or Office.
Community Fisheries Control Agency (CFCA)
Location: Vigo, Spain (provisional headquarters: Brussels, Belgium),
ec.europa.eu/cfca/index_en.htm
This agency promotes and coordinates effective and uniform compliance with the rules of the
common fisheries policy, in particular the protection of fish stocks.
Community Plant Variety Office (CPVO)
Location: Angers, France
www.cpvo.europa.eu
The CPVO administers a system of plant variety rights, equivalent to a patent for new plant
varieties. These are protected for 25 or 30 years depending on the type of plant.
Education, Audiovisual and Culture Executive Agency (EACEA)
Location: Brussels, Belgium
eacea.ec.europa.eu
This agency manages the practical aspects of the EU programmes which provide funding for
youth, student and teacher programmes, and cultural and media activities.
Eurojust
Location: The Hague, Netherlands
eurojust.europa.eu
Eurojust helps investigators and prosecutors across the EU work together in fighting cross-border
crime. It plays a key role in the exchange of information and extradition.
European Agency for the Management of Operational Coordination at
the External Borders of the Member States of the EU (Frontex)
Location: Warsaw, Poland
frontex.europa.eu
Frontex assists the EU countries in implementing EU rules on external border controls
consistently and in returning illegal immigrants to their countries of origin.
European Agency for Reconstruction (EAR)
Location: Thessaloniki, Greece
ear.europa.eu
The EAR manages EU programmes for providing assistance with reconstruction, and economic
and social development, to war-damaged countries in the Balkan region.
40
European Agency for Safety and Health at Work (OSHA)
Location: Bilbao, Spain
osha.europa.eu
This agency pools and raises awareness of knowledge and information on health and safety at
work, with an emphasis on creating a culture of effective prevention.
European Aviation Safety Agency (EASA)
Location: Cologne, Germany
easa.europa.eu
The EASA promotes the highest possible standards of safety and environmental protection in EU
civil aviation, and provides certification for planes and components.
European Centre for the Development of Vocational Training (Cedefop)
Location: Thessaloniki, Greece
cedefop.europa.eu
The centre promotes the development of vocational education and training. It is a centre of
expertise for the dissemination of knowledge and support for policymaking.
European Centre for Disease Prevention and Control (ECDC)
Location: Stockholm, Sweden
ecdc.europa.eu
ECDC identifies, assesses and provides information on current and emerging threats to human
health from infectious diseases, such as influenza, SARS and HIV/AIDS.
European Chemicals Agency (ECHA)
Location: Helsinki, Finland
ec.europa.eu/echa
The agency manages the technical, scientific and administrative aspects of REACH, the EU
registration system for chemicals.
European Defence Agency (EDA)
Location: Brussels, Belgium
eda.europa.eu
The EDA helps promote coherence in place of fragmentation in Europe’s defence and security
capabilities, including in armaments and equipment, research and operations.
European Environment Agency (EEA)
Location: Copenhagen, Denmark
eea.europa.eu
41
The EEA provides policymakers and the public with information to help promote
sustainable development and improvements in Europe’s environment.
European Food Safety Authority (EFSA)
Location: Parma, Italy
efsa.europa.eu
The authority provides the Commission and the public with independent scientific advice on food
safety and risks in the food chain ‘from farm to fork’.
European Foundation for the Improvement of Living and Working
Conditions (Eurofound)
Location: Dublin, Ireland
eurofound.europa.eu
The foundation is a hub of information on social policy issues, including employment and living
conditions, industrial relations and partnership, and social cohesion.
European Global Navigation Satellite System Supervisory Authority
(GSA)
Location: Brussels, Belgium (provisional headquarters)
ec.europa.eu/transport/gsa
This agency manages Europe’s satellite navigation programmes (notably Galileo and EGNOS),
which are giving Europe its own capability and the latest technology in this field.
European Institute for Gender Equality
Location: Vilnius, Lithuania
This new institute promotes gender equality, including gender mainstreaming, and supports the
fight against discrimination.
European Maritime Safety Agency (EMSA)
Location: Lisbon, Portugal
emsa.europa.eu
EMSA provides the Commission and the EU countries with technical and scientific advice on
how to improve safety and security at sea and prevent marine pollution.
European Medicines Agency (EMEA)
Location: London, United Kingdom
emea.europa.eu
EMEA advises the Commission when human and veterinary medicines are ready to be put on the
EU market. It monitors adverse effects, and provides scientific advice.
42
European Monitoring Centre for Drugs and Drug Addiction
(EMCDDA)
Location: Lisbon, Portugal
emcdda.europa.eu
The centre is a source of objective, reliable and comparable information on drugs and drug
addiction in order to help policymakers identify common problems and goals.
European Network and Information Security Agency (ENISA)
Location: Heraklion (Crete), Greece
enisa.europa.eu
ENISA helps ensure that information networks and the data they carry are secure by collecting
information, analysing risks, raising awareness and promoting best practice.
European Police College (CEPOL)
Location: Bramshill, United Kingdom
cepol.net
The college trains senior EU police officials and prepares training programmes for middleranking officers, with a particular emphasis on combating cross-border crime.
European Police Office (Europol)
Location: The Hague, Netherlands
www.europol.europa.eu
Europol aims at improving the effectiveness and cooperation of law enforcement authorities in
the EU countries in their fight against international organised crime.
European Railway Agency (ERA)
Location: Lille/Valenciennes, France
www.era.europa.eu
This agency works on common approaches to railway safety and common standards for
interoperability of railways to pave the way for a fully integrated EU network.
European Training Foundation (ETF)
Location: Turin, Italy
etf.europa.eu
The ETF helps improve vocational training in non-EU countries, mainly around the
Mediterranean, in eastern Europe and in Russia.
European Union Agency for Fundamental Rights (FRA)
Location: Vienna, Austria
fra.europa.eu
43
This agency collects and disseminates objective, and comparable information on fundamental
rights matters, and advises on how to promote these rights. This can be racism and xenophobia
but also other fundamental rights.
European Union Institute for Security Studies (EUISS)
Location: Paris, France
www.iss-eu.org
The institute aims to help create a common European security culture, to enrich the strategic
debate, and systematically to promote the security interests of the Union.
European Union Satellite Centre (EUSC)
Location: Torrejón de Ardoz, Spain
www.eusc.europa.eu/
The centre collects and analyses data and images from earth observation satellites in support of
EU foreign and security policy priorities and humanitarian activities.
Executive Agency for the Public Health Programme (PHEA)
Location: Luxembourg
ec.europa.eu/phea
PHEA manages the practicalities of EU funding programmes for public health projects, and feeds
the results back to public-health stakeholders and policymakers.
Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM)
Location: Alicante, Spain
www.oami.europa.eu
The office registers trade marks and designs. These are then valid across the EU. This system
exists side-by-side with the individual EU countries’ domestic registration systems.
Translation Centre for the Bodies of the European Union (CDT)
Location: Luxembourg
cdt.europa.eu
The centre provides translation services for the specialised agencies of the EU.
44
Download